Commeat Infotainment Private Limited

Please read the terms and conditions carefully before using the services offered by Commeat Infotainment Private Limited. These terms of use set forth are legally binding terms and conditions for your use of the website, commeatwithus.com and the app, CommEat App and the service, features, content, applications or widgets offered by CommEat. By using the CommEat Infotainment Private Limited (referred to as CommEat in the terms and conditions) website, CommEat Instagram handle and CommEat app service you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

We are updating our Terms of Use: Our updated Terms of Use will be effective from 4th December, 2020. ___ Welcome! The CommEat is a trusted online community for food enthusiast to explore locale cuisine in all together new way, through the CommEat website (the Site), a CommEat mobile or web-based application (like our iOS or Android apps, (an Application), CommEat Instagram handle, CommEat facebook page and/or connected products (Smart Products) (collectively the Services). These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Content). Your access to and use of the Services is expressly conditioned on your compliance with these Terms. Other features, services or tools of the Services may also be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You may not post nude, partially nude, or sexually suggestive photos. Posts shall be solely meant to display, refer to food and any other content related to food. In case there is a violation for the above said term, strict action shall be taken against the individual, which shall encompass banning his/her account from the CommEat App too.
  3. You are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not abuse, harass, threaten, impersonate or intimidate other CommEat users.
  6. You may not use the CommEat platform for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the CommEat platform.
  8. You must not modify, adapt or hack CommEat or modify another website so as to falsely imply that it is associated with CommEat.
  9. You must not access CommEat’s private API by any other means other than the CommEat application itself.
  10. You must not crawl, scrape, or otherwise cache any content from CommEat including but not limited to user profiles and photos.
  11. You must not create or submit unwanted email or comments to any CommEat members (“Spam”).
  12. You must not use web URLs in your name without prior written consent from CommEat.
  13. You must not transmit any worms or viruses or any code of a destructive nature.
  14. You must not, in the use of CommEat to violate any laws in your jurisdiction (including but not limited to copyright laws).
  15. Violation of any of these agreements will result in the termination of your CommEat account. While CommEat prohibits such conduct and content on its site, you understand and agree that CommEat cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the CommEat platform at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the CommEat service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on CommEat

  1. CommEat does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the CommEat Services. By displaying or publishing (“posting”) any Content on or through the CommEat Services, you hereby grant to CommEat a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the CommEat Services.
  2. Some of the CommEat Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that CommEat may place such advertising and promotions on the CommEat Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the CommEat Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the CommEat Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the CommEat platform.
  4. The CommEat platform contains Content of CommEat (“CommEat Content”). CommEat Content is protected by copyright, trademark, patent, trade secret and other laws, and CommEat owns and retains all rights in the CommEat Content and the CommEat platform. CommEat hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CommEat Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the CommEat platform.
  5. The CommEat platform contains Content of Users and other CommEat licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the CommEat platform.
  6. CommEat performs technical functions necessary to offer the CommEat Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the CommEat platform.
  7. Although the Site and other CommEat Services are normally available, there will be occasions when the Site or other CommEat Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of CommEat. Also, although CommEat will normally only delete Content that violates this Agreement, CommEat reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by CommEat in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, CommEat encourages you to maintain your own backup of your Content. In other words, CommEat is not a backup service. CommEat will not be liable to you for any modification, suspension, or discontinuation of the CommEat Services, or the loss of any Content.

Use of the Services

The Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

Account Registration

In order to access, use or receive certain Services, you may register and create an account (Account) and become a Registered User by either registering through our Site or Application or by using your account with a third party social network website, like Facebook (a Social Network Site). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or another applicable jurisdiction, if any. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You will also have the option of providing certain personal information about other people in your household so that we may link to them to your Account, or so you can otherwise represent them through your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

Passwords

You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account or with your Smart Products, whether or not you have authorized such activities or actions. CommEat is not liable for any loss or damage arising from your failure to comply with the above requirements.

In order to provide you with certain Services, you have the option of logging in to CommEat using your username/login and password to various Social Network Sites or other online sites and accounts that you wish to link with your Account. If you decide to log in using one of these other accounts, you grant CommEat permission to access these accounts solely to the extent necessary to provide these Services. You may also link your accounts on other Social Network Sites or other online sites to your CommEat Account in order for CommEat to provide certain Services. If you link accounts, you grant CommEat permission to store information (such as your social account usernames) to the extent necessary to provide the Services.

Service Updates, including Additions, Modifications, or Discontinuations

Business and technology needs evolve, so we may add, modify, or discontinue (collectively, “Update”) the Services at any time through software updates to your Applications and Smart Products, and you consent to these Updates. You agree to use the most up to date version of software available for your Applications and your Smart Products. You agree that CommEat may Update the Services (in whole or in part) at any time and that you will provide CommEat access to do so. In some cases, we may Update the Services remotely without notifying you, and you consent to these automatic Updates. You acknowledge that Updates may require your Smart Product to be reset, restarted, or be temporarily unavailable for use. You agree that you will promptly install any Updates that CommEat provides. When downloading or installing an Update, be sure to read descriptions. All features and functions of the Smart Products are subject to change, and may be modified or removed at any time.

To help ensure the security of your Smart Products, you agree to keep your network and devices up to date and follow all recommendations from your network device manufacturers. This includes ensuring that your router’s firmware and software are fully up-to-date with all available updates and patches.

Content on the Services

CommEat is a place where many Registered Users and other content publishers can write contribute and edit Content through the Services. While we intend CommEat to be a collaborative space where users and publishers can share useful and interesting information about food, CommEat is not responsible for screening and/or verifying the information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice. Sometimes, Registered Users contribute content that is not related to food or that includes recipes for products not intended for human consumption. You agree that you use the content on CommEat at your own risk.

The Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, recipes, ingredients, grocers, etc.). We hope you love the content we show you, and we want you to know that CommEat may receive compensation for some of the sponsored content made available through the Services, or may receive compensation if you follow the links associated with this content. The offers we show you are subject to change without notice. The sponsored content may be targeted to the Content or information on the Services, queries you make through the Services, information we learn about you, or other information. The types and extent of sponsored content on the Services are subject to change. In consideration for CommEat granting you access to and use of the Services, you agree that CommEat and its third-party collaborators may place such advertising or sponsored content on the Services or with the Content, including where the Content is submitted by you or others.

CommEat may provide Content, including recipes, that are geared towards individuals following certain diets or that may have certain medical conditions. These are provided for informational and convenience purposes only, and are not intended to be (and do not constitute) dietary, nutritional, medical, or food safety advice or recommendations. You should consult with a medical or nutrition professional before starting any dietary program.

Content You Submit

By uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant CommEat a pan India, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content, such as recipes and images, for their own personal and non-commercial purposes. CommEat does not claim any ownership rights in your Content and you retain ownership rights to any Content you submit, post or display on or through the Services.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.

You may remove your Content from the Services at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, CommEat may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.

General Prohibitions

Please review these guidelines for posting on CommEat (which are a part of these Terms) to better understand what is prohibited on the Services. You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service without CommEats express written permission; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by Food Safety Standard Authority of India as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates these Terms.

You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, CommEats computer systems, or the technical delivery systems of CommEats providers; (ii) gather and use information, such as other users’ names, real names, email addresses, or other information available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that CommEat has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Ownership

The Services are protected by copyright, trademark, and other laws of India. Except as expressly provided in these Terms, CommEat and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding CommEat or the Services (Feedback) will be the sole and exclusive property of CommEat and you hereby irrevocably assign to CommEat all of your right, title and interest in and to all Feedback.

Subject to your compliance with the terms and conditions of these Terms, CommEat grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by CommEat solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CommEat or its licensors, except for the licenses and rights expressly granted in these Terms.

In addition, certain Content may be provided through the Services pursuant to a Creative Commons License (licenses give everyone from individual creators to large institutions a standardized way to grant the public permission to use their creative work under copyright law). You may only copy, modify and redistribute such Content marked with the Creative Commons License outside of the Services as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.

Termination

You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, CommEat will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. CommEat will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to CommEat under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

create any account for anyone other than yourself without such person’s permission; use a User Name that is the name of another person with the intent to impersonate that person; use a User Name or CommEat account that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

Photo video Guidelines

Originality. Upload your photos, not somebody else’s. Keep it appropriate. Though nudity is natural, not everyone wants to see it. The same goes for hateful things, spam, and irrelevant photos. So steer away from naked people, mean-ness, gross-ness, inappropriate-ness and anything else that you wouldn’t want to see when you’re exploring. Be respectful. Don’t take photos that include people’s private information, like a credit card number or phone number, and don’t upload a photo of anyone who doesn’t want their picture uploaded. Think twice: you wouldn’t want your private info shared either. Be yourself. CommEat is a community of people, and you’re a big part of that. Take photos and have fun.

P.S. If you see something inappropriate, use the “Report Content” option to alert us and we’ll take care of things.

All photos are “User Submissions” as defined in CommEat’s Terms and Conditions.

Warranty Disclaimer

Save to the extent required by law, CommEat has no special relationship with or fiduciary duty to you. You acknowledge that CommEat has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release CommEat from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. CommEat makes no representations concerning any Content contained in or accessed through the Service, and CommEat will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

Indemnification

You shall defend, indemnify, and hold harmless CommEat, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of CommEat). CommEat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CommEat in asserting any available defenses.

Governing Law

Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of India. Any dispute or claim relating to products available on this App/Website or the services rendered by this App/Website, Its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by the App/Website Owner. The place of Arbitration shall be Delhi and the language of proceedings shall be English. The App/Website User and the App/Website Owner agree specifically to submit to the exclusive jurisdiction of the.

Miscellaneous

CommEat shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CommEats reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with CommEats prior written consent. CommEat may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Questions

If you have any questions regarding these terms or your use of the services, please contact us at: commeatwithus@gmail.com